Judicial Activism
An Interdisciplinary Approach to the American and European Experiences
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Beschreibung
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated.
The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated.
The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Addresses judicial activism in both American and European Courts Offers new conceptual tools and approaches Features high profile authors from both sides of the Atlantic Includes supplementary material: sn.pub/extras
Autor*in
Luís Pereira Coutinho
Themen in »Judicial Activism«
American Supreme Court Comparative Judicial Politics Constitutional Justice Contextual nature of proportionality European Court of Justice European Court of Justice and the limits to judicial activism European Union and in the context of a constitutional state European macroeconomic constitution European tradition of Constitutional Justice Judicial Activism Judicial Activism and Democracy Judicial activism and institutional constraints Judicial activism and legal theory Judicial activism in its pejorative and non-pejorative senses Judicial activism within the theory of judicial behavior